Hills Daniels & Associates
You Signed a Waiver — Do You Still Have a Case in Louisiana?
You signed a waiver before your gym class, your child's field trip, the trampoline park, the zip line tour, the sports league — and then something went terribly wrong. Now you're injured, facing medical bills, and wondering if that piece of paper you barely read before signing has taken away your right to do anything about it.
Here is what most people don't know: in Louisiana, a waiver does not automatically eliminate your right to sue. Waivers are frequently challenged, limited, or thrown out entirely depending on how they were written, what they cover, and the specific circumstances of your injury. If you signed a waiver and were seriously injured, you may have more legal options than you think.
Don't Assume the Waiver Ends Your Case
Insurance companies and businesses love waivers because they scare injured people into walking away from valid claims. Before you assume the waiver you signed means you have no case, call Hills Daniels & Associates for a free consultation. Many waivers are unenforceable — and we know exactly how to challenge them.
What Is a Liability Waiver?
A liability waiver — also called a release of liability, assumption of risk agreement, or exculpatory clause — is a contract in which one party agrees in advance to give up their right to sue another party for injuries that may occur during a specific activity. They are commonly used by gyms, sports leagues, recreational facilities, event organizers, theme parks, tour operators, and many other businesses.
The idea behind a waiver is that you are acknowledging the inherent risks of an activity and agreeing not to hold the business responsible if something goes wrong. But the law — particularly in Louisiana — places significant limits on when and how waivers can actually be enforced.
Louisiana's Approach to Waivers — Stricter Than Most States
Louisiana takes a notably skeptical approach to liability waivers compared to many other states. Louisiana courts have consistently held that contracts that attempt to exempt a party from liability for their own negligence are disfavored and are interpreted strictly against the party seeking to enforce them.
This means that if there is any ambiguity in the waiver language — any doubt about whether it covers the specific type of negligence that caused your injury — Louisiana courts will generally interpret that ambiguity against the business and in favor of the injured person.
Additionally, Louisiana Civil Code Article 2004 provides a powerful protection for injured parties: any clause that exempts a party from liability for their own intentional or gross fault (recklessness) is absolutely null and void under Louisiana law — meaning it cannot be enforced no matter what the waiver says.
When a Waiver Can Be Challenged or Invalidated in Louisiana
There are numerous legal grounds on which a waiver may be unenforceable. Here are the most important ones:
The Waiver Did Not Clearly Cover the Type of Negligence That Caused Your Injury
For a waiver to be enforceable in Louisiana, it must clearly and explicitly state that it covers the specific type of negligence involved in your injury. Vague or general language — "I assume all risks" or "I release the company from all liability" — is often insufficient to waive claims for specific acts of negligence that caused your harm. If the waiver didn't specifically contemplate what actually happened, it may not apply.
The Injury Was Caused by Gross Negligence or Recklessness
Under Louisiana Civil Code Article 2004, a waiver cannot protect a business from liability for its own gross negligence or reckless conduct. If the business's behavior went beyond ordinary carelessness — if they showed a conscious disregard for your safety — the waiver provides no protection and your claim moves forward regardless of what you signed.
The Injury Was Caused by Intentional Misconduct
No waiver in Louisiana can protect a party from liability for intentional harm. If an employee, staff member, or the business itself acted intentionally to cause your injury, the waiver is completely void as to that conduct.
The Waiver Violates Public Policy
Louisiana courts will not enforce a waiver that violates public policy — meaning it would be contrary to the public interest to allow a business to escape liability for certain types of harm. Medical providers, common carriers (buses, taxis, rideshares), and certain regulated industries cannot use waivers to escape liability for negligence because doing so would undermine the public's reasonable expectation of safety.
The Waiver Was Not Properly Presented or Signed
A waiver must be a knowing and voluntary agreement. If the waiver was buried in fine print, presented under pressure with no time to read it, presented in a language the signer does not understand, or signed by someone who lacked legal capacity — such as a minor or a person under duress — it may be challengeable on those grounds.
A Parent Signed on Behalf of a Minor
This is a critical area in Louisiana law. Parents generally do not have the legal authority to waive their minor child's right to sue for personal injuries. Even if a parent signed a waiver on behalf of their child before a school field trip, a sports activity, or a recreational event, that waiver may not bar the child's personal injury claim. Louisiana courts are protective of minors' rights in this area.
The Injury Was Caused by a Defective Product
If your injury was caused by a defective product — defective equipment at a gym, a faulty harness at an adventure park, a malfunctioning ride — you may have a product liability claim against the manufacturer that exists entirely independently of the waiver. Product liability claims cannot be waived by a contract between you and the facility, because the manufacturer is a separate party who was not part of that contract.
Common Situations Where Waivers Are Challenged
| Situation | Why the Waiver May Not Hold |
|---|---|
| Gym or fitness center injury | Defective equipment, inadequate maintenance, or grossly unsafe conditions may exceed what the waiver covers |
| Child injured on a school field trip | Parent waivers for minors are often unenforceable in Louisiana — the child's claim may survive |
| Trampoline park or adventure park injury | Reckless disregard for safety standards or defective equipment creates claims the waiver cannot bar |
| Sports league or recreational activity | Vague waiver language may not cover specific acts of negligence that caused the injury |
| Concert or event injury | Crowd crush, inadequate security, or unsafe venue conditions may fall outside waiver coverage |
| Medical or cosmetic procedure | Healthcare providers cannot use waivers to escape liability for medical negligence in Louisiana |
| Hotel or resort activity | Property defects, negligent instruction, or equipment failure may create claims independent of the waiver |
A Waiver Is a Starting Point — Not the End of Your Case
When a business hands you a waiver, they are hoping you will sign without reading and walk away without a fight if something goes wrong. Do not let a piece of paper intimidate you out of pursuing a valid claim. The enforceability of a waiver is a legal question that requires careful analysis — and in many cases, the waiver does not hold up the way the business intended.
What to Do After an Injury When You Signed a Waiver
- Seek medical attention immediately and document all injuries thoroughly
- Keep a copy of the waiver you signed — you will need it for your attorney to review
- Photograph the scene, the equipment, the hazard, and your injuries as soon as possible
- Get the names and contact information of any witnesses
- Report the injury to the facility and request a written incident report
- Do not give a recorded statement to the business or their insurer
- Do not let the business or their insurance company tell you the waiver means you have no case — get an independent legal opinion first
- Contact a personal injury attorney as soon as possible to have the waiver reviewed
Frequently Asked Questions
I signed a waiver at the gym and was injured on broken equipment. Do I have a case?
Possibly yes. If the equipment was defective or improperly maintained — and especially if the gym knew about the problem — you may have a valid claim regardless of the waiver. Defective equipment claims may also support a product liability claim against the manufacturer, which the waiver cannot touch. Have an attorney review the waiver and the specific facts of your situation.
My child was hurt on a school field trip after I signed a permission slip waiver. Can my child still sue?
In most cases, yes. Louisiana courts are very protective of minors' rights, and permission slip waivers signed by parents are frequently held to be unenforceable against the child's personal injury claim. The child's right to sue belongs to the child — not the parent — and cannot be waived away by a parent's signature without court approval in most circumstances.
The business is telling me the waiver means I have no case. Should I believe them?
No. A business telling you that a waiver eliminates your claim is not a legal determination — it is a self-serving statement made in their own financial interest. Only a court can make that determination, and many waivers that businesses present as airtight are successfully challenged by experienced attorneys. Get an independent legal opinion before accepting anyone's word that your case is over.
What if I can't find my copy of the waiver?
The business is required to maintain records of waivers they collect. Your attorney can request a copy through the discovery process in litigation. Do not let the absence of your copy discourage you from consulting with an attorney.
Let Us Review Your Waiver — For Free
At Hills Daniels & Associates, we review liability waivers and evaluate the strength of your claim at no charge. Many clients who believed their waiver killed their case walked away with significant compensation after we challenged it successfully. Call (504) 641-0016 today — your consultation is always free and you pay nothing unless we win.
Injured After Signing a Waiver in Louisiana? Call Us First.
At Hills Daniels & Associates, we handle personal injury cases across Louisiana every day — including cases where insurance companies and businesses are using waivers to try to avoid accountability.
Our consultations are always free, and we never charge a fee unless we win your case. Call us today at (504) 641-0016 or fill out the form on this page to get started.
A Waiver Does Not Always Mean the End of Your Case.
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